This page contains
information on the terms and conditions for purchases from The
Furniture Market ™ .co.uk Ltd (TFM).
Last Updated 29th
July 2011
These terms and conditions
apply to all purchases of any products from TFM. By using our
website and or placing an order with TFM you agree to be bound
by all of these terms, conditions and policies set out below or
within our website. TFM at its discretion reserves the right to
change / modify this website and terms and conditions at any
time, see the above date on this page for last updated date,
therefore please read these terms and conditions each time
before placing a purchase order.
Contents of the Terms &
Conditions
1. Definitions
2. General
3. Basis of Sale
4. Price & Payment
5. Description of Product(s)
6. Delivery
7. Acceptance of Product(s)
8. Cancellations & Returns
9. Data Protection & Privacy
10. Security
11. Liability
12. Intellectual Property
13. Law of Contract
1. Definitions
1.1
- "Product" means the goods and / or items you have specified.
1.2 - "Seller" means The Furniture Market ™ .co.uk Ltd.
1.3 - "Us", "We", "Our" means The Furniture Market ™ .co.uk
Ltd.
1.4 - "Buyer" means the person who buys or agrees to buy
products from the seller.
1.5 - "You", "Your" means one of our customers, buyers or
those viewing our website.
1.6 - "Price" means the final cost for the product
excluding the delivery charge.
1.7 - "Order" refers to your offer, as the buyer, to
purchase products from us. Whether electronically or via other
means.
1.8 - "Working Day" means every day of the year except
weekends, and English statutory and public holidays.
1.9 - "The Furniture Market ™ " means us as a company
called "The Furniture Market ™ " and any other connected
organisation that supplies the goods ordered by you and any
successor to its business.
1.10 - "Contract" refers to any contract between the
buyer and the seller for the sale and purchase of products
incorporating these conditions, whether completed electronically
through this website or via other means.
1.11 - "TFM Address" refers to the sellers address. This
address is; The Furniture Market ™ , Unit 2, Organsdale Farm,
Kelsall, Tarporley, Cheshire, CW6 0SR.
1.12 - "TFM" refers to the seller; the furniture market ™
.co.uk Ltd.
2. General
2.1
- We will not and are not liable to any loss caused to you where
performance of any of our obligations to you is prevented,
frustrated or impeded by reasons out of our control, including
but not limited to acts of God, war, civil commotion, accident,
strikes, fire, trade disputes, unavailability of ordered
products from our supplier for whatever reason including
discontinuation of such products lines, import or export
restrictions or embargoes or any other cause not within
reasonable control of the furniture market ™ .
2.2 - To the extent permitted by law, we accept no
liability for any loss, damage or injury arising as a
consequence of the advice provided.
2.3 - If any part of these terms and conditions are found
to be unenforceable as a matter of law, all other parts of these
terms and conditions shall not be affected and shall remain in
force.
2.4 - We cannot guarantee that the appearance and/or
colours of products shown on this site exactly reproduce the
appearance and/or colours of the physical products themselves
and that all sizes and measurements quoted are approximate.
2.5 - These terms and conditions and any contract between
us and you shall be governed by and construed in accordance with
English and Welsh law and the English & Welsh Courts shall have
jurisdiction over any disputes between us.
2.6 - Provided that if any event referred to in clause
2.1 continues for a period in excess of 30 days, the Buyer will
be entitled to give notice in writing to terminate the contract.
2.7 - Any notice required or permitted to be given by
either party to the other under the conditions shall be in
writing and in the case of notices to the seller, addressed to
the seller at its address or in the case of notices to the
buyer, at the buyers' address as provided to the seller.
2.8 - No responsibility will be accepted for goods used
within a contract environment i.e. public houses, Clubs,
Restaurants, etc.
2.9 - We take no responsibility for printing errors on
this website.
3. Basis of Sale
3.1
- Subject to the buyer's right to cancel the Contract, included
in clause 8, the seller shall sell and the buyer shall buy the
products in accordance with the confirmation. No contract
exists between the buyer and the seller for the sale of any
products until the seller has received, processed and confirmed
the order and the seller has received payment in full, (cleared
funds). Once the seller does so, there is a legally binding
contract between the buyer and the seller.
3.2 - The buyer may not assign the contract or any part
of it without prior written consent.
3.3 - The seller may assign the contract or any part of
it to any person, firm or company.
3.4 - The description of the goods orders shall be set
out in writing in the confirmation sent from the seller to the
buyer.
3.5 - Any item that is not the specified product in the
product description on the web page, and that appears in any
photograph or illustration on the website, will not form part of
this contract. An example is other pieces of furniture and
furnishings that can be seen in the pictures depicting the item
in question in a natural setting. Such information is for
illustration purposes only and may not comprise part of the
products.
3.6 - When you the buyer click on "Check Out" on the
"Shopping Cart Page", you offer to buy the goods at the prices
indicated including any additional delivery charges that apply
to your purchase.
3.7 - If your order is accepted, you will be notified of
this soon after you submit your order by clicking "Complete
Order". If any errors are made without us being aware we
reserve the right to cancel the order as set out in clause 8.7.
3.8 - Any acceptance of an order placed from outside the
United Kingdom (UK) mainland is not valid.
4. Price & Payment
4.1 - The price you pay is the displayed price on this
website at the time we receive your order apart from if a price
typing error has been made by us, in which case you will be
given the option for a full refund or price correction.
4.2 - All product prices are in £ sterling and include
VAT @ 20% but exclude delivery charges unless expressly stated.
4.3 - If we make an error in the confirmation or in any
invoice or receipt, we have the right to correct that error
within 30 days of being notified of any error.
4.4 - Payment of the price shall be due on the date of
the purchase order. The order will not be processed and thus
confirmed without full payment of the order price.
4.5 - No payment shall be deemed to have been received
until the seller has received cleared funds. There will be no
delivery until cleared funds have been received.
4.6 - Payment can be made by any method specified at
checkout. We accept Paypal & mostly all credit and debit cards
apart from American Express. We also accept cheque, however the
order will not be processed until we receive cleared funds from
the cheque.
4.7 - We take payment from your card at the time we
receive your order, once we have checked your card details and
stock availability. Goods are subject to availability. In the
event that we are unable to supply the goods, we will inform you
of this as soon as possible and you will be offered a full
refund if you have already paid for the goods.
4.8 - Payment shall be made by the buyer without any
deduction to the seller unless the buyer has a valid court order
requiring an amount equal to such deduction to be paid by the
seller to the buyer.
4.9 - We reserve the right not to better a price (under
our price promise) if we are to make a loss on the sale of the
goods.
4.10 - From time to time we may offer promotional discounts, voucher codes,
or other promotional offers that may have a time deadline before they expire.
These offers are exclusive of any other discounts, promotions or offers that we may have entered into negotiations with you or someone acting on your
behalf with. Any offers we agreed with yourself or someone
authorised to act on your behalf via, telephone, email,
web-order, or verbally cannot be used in conjunction with any
other offer.
5. Description of Product(s)
5.1 - The description and the quantity of the products shall
be set out in the seller's order confirmation.
5.2 - We cannot guarantee that the appearance and/or
colours of products shown on this site exactly reproduce the
appearance and/or colours of the physical products themselves
(due to natural variations in the wood grain) and that all
measurements are approximates.
6. Delivery
6.1
- We shall not be liable for any direct, indirect or
consequential loss, costs, damages, charges or expenses caused
directly or indirectly by any delay in the delivery of goods
whatsoever. We are not liable for any breakages or damages
caused whatsoever upon entering a buyers house, standard
delivery is to the front door so if wanting a 2 person delivery
or assembly service the buyer allows the delivery men into their
property entirely at their own risk. It is the buyer’s
responsibility to ensure that there is easy and adequate access
to deliver the goods within the customers’ home. We are not
responsible for removing any of the customers existing furniture
prior to delivery of the new furniture.
6.2 - Delivery by our in-house delivery team will usually
take place between Monday - Saturday between 7am and 10pm and a
time slot will be allocated. If deliveries are made by an
external carrier these delivery times will be between the Monday
- Friday between the hours of 8am and 5.30pm and no time slot
can be allocated. Dates and times quoted for delivery are
approximate only and will be specified upon receipt of the
order. To help you plan, approximately two days prior to the
agreed delivery day our carrier will contact you to confirm the
day and an estimated time window if possible.
6.3 - Where an order contains more than one item, all
items will be delivered at the same time once all items are
available. It is at our discretion to deliver goods in stages
if we are waiting for goods to come into stock.
6.4 - You can select your desired delivery service prior
to checkout. If a
discount
voucher is used it only provides a 2 man delivery
service to the room of your choice, this does not include free
assembly.
6.5 - Delivery is only available to UK mainland addresses
in England, Wales & Southern Scotland. For deliveries to
Northern Ireland, Northern Scotland, Scottish islands, Isle of
Man, Isle of Scilly, Jersey & Guernsey we will deliver to a
nominated mainland GB address, e.g. a port. Onward shipping
from that point is the responsibility of the buyer.
6.6 - The products the buyer orders will be delivered to
the address specified in the order unless otherwise agreed in
writing by the buyer and us.
6.7 - Goods will be deemed to have been delivered once
delivered to the specified address as detailed in clause 6.4 and
then we will not be liable to you for non-delivery of the
goods. We do not need to satisfy ourselves that the person
accepting delivery at the specified address is the buyer (or
authorised by the buyer to accept delivery of the goods).
6.8 - If the buyer or any authorised person is not
present to receive the delivery by our carrier on the agreed
date, re-delivery may take place the next day and if not in on
the re-delivery we reserves the right to re-charge the buyer the
delivery cost up to a maximum of £29 to cover the cost of the
failed delivery.
6.9 - If the goods ordered by you are not available or
discontinued and if we are unable to deliver them to the you
within 30 days (or any other time limit agreed by the parties)
from the payment date, we shall inform you and you are able to
cancel the contract; and we will reimburse you with any sums
paid by you.
6.10 - Any liability to you for the non-delivery of goods
shall be limited to replacing the goods within a reasonable time
or issuing a credit note or refund.
6.11 - The quantity and content of any consignment
dispatched is recorded by us and shall be conclusive evidence of
what you receive on delivery unless you can provide conclusive
evidence proving the contrary.
6.12 - All goods must be signed for, we accept no
responsibility once goods have been signed for at the requested
address. We are unable to deliver to unattended premises or
outside customer addresses (unless otherwise stated by you and
at your own risk).
6.13 - Deliveries will be made by our own delivery
service or external national carriers and will all be delivered
by a single person only and delivered up to your front door
(further delivery inside your premises will only be at the
delivery persons discretion). For very heavy items our delivery
person will require local assistance or you can select a two man
delivery service where your furniture can be carried into the
room of your choice.
6.14 - It is the buyers responsibility to ensure that the
goods ordered will fit into their home via normal access,
parking is available and access is reasonable, if the items
cannot fit into their home due to poor access and space
restrictions then we are happy to take the items back and give a
full refund for the cost of the products, however the delivery
charge is non-refundable and is the responsibility of the buyer
due to the cost incurred in bringing the products to your home.
6.15 - Delivery is normally 1 - 4 weeks but for some out
of stock items it can take longer. You are always entitled to a
full refund at any time prior to dispatch of your goods from our
warehouse.
7. Acceptance of Product(s)
7.1
- The buyer shall be deemed to have fully accepted the products
14 working days after delivery to the specified address.
7.2 - After acceptance the buyer shall not be entitled to
reject products which are not in accordance with the contract.
7.3 - Upon acceptance, if the product appears to be
damaged in any way, notification via written form has to be
given to us within 2 days of product acceptance. Otherwise the
product will be deemed to of been damaged by the buyer and thus
we are not liable and take no responsibility whatsoever.
8. Cancellations & Returns
8.1
-The buyer has the right of cancellation within 14 days of
delivery, except where a product has been made to order and is
without fault.
8.2 - The buyer must give written notice to us by letter
or e-mail giving details of the products ordered and reason for
cancellation or return. Notification by phone is not
sufficient.
8.4 - Once we have been notified of the cancelling of the
contract, we will refund or re-credit the buyer within 30 days
for any sum that has been paid by or debited from the buyer for
the product upon the products return to us.
8.5 - If we have delivered the products to the buyer and
the buyer wants to cancel the contract, as described in clauses
8.1 & 8.2, the buyer must retain possession of the goods until
the cancellation notice has been sent to us within the relevant
time limit. The products cannot be used and must be in the
exact condition as they were delivered, including packaging.
The buyer is ultimately responsible for returning the products
to us at the buyers own cost before a refund is issued. If we
have to collect the goods for return then the buyer will have to
pay the original delivery charge. The products must be returned
to the TFM address in the definitions section. If the products
are returned in a different, used or damaged state to that of
when they were delivered then a full refund will not be given.
Alternatively, we will organise for the goods to be collected on
a mutually convenient date. In this case, the buyer will be
re-credited with a full refund minus the exact cost of
collecting the goods. Only upon acceptance by us of the
returned goods will a refund take place. If the buyer does not
cancel the contract in accordance with clauses 3.1 & 3.4, the
buyer shall be deemed to have accepted the goods (except for
manufacturing faults) and will not be liable to return the goods
to us.
8.6 - We recommend that if returning goods to us, you use
a recorded-delivery service as we are not responsible for any
goods until they have been returned and received.
8.7 - Please note that if a mattress has been taken out
of its original packaging we cannot accept the return of it for
hygiene reasons.
8.7 - Your rights to return goods are protected under the
EU Distance Selling Directive.
8.8 - We reserve the right to cancel any contracts
between you and us if we so desire and for whatever reason.
9. Data Protection &
Privacy
9.1
- We are fully committed to protecting your privacy. We will
only use the information that we collect about you lawfully and
in accordance to the Data Protection
Act 1998. We only
collect information about you to process your order. We will
not e-mail you in the future unless you have given us your
consent.
9.2 - We do not disclose your information to third
parties other than when order details are processed as part of
the order fulfilment. In this case, the third party will not
disclose any of the details to any other third party.
9.3 - We will take all reasonable precautions to keep the
details of your order and payment secure but unless we are
negligent, we will not be liable for unauthorised access to
information supplied by the you.
10. Security
10.1 - Your financial security is paramount to us, that is why we use
Sagepay. You are able to buy any of our products using any of
the major debit and credit cards presented below. All of our
transactions are processed live online using a Highly Secure SSL
web server and payment gateway provided by Sagepay.
10.2 - Using Sagepay you can be confident that your card
details are processed securely and correctly through the world's
most respected online credit card payment gateways.
11. Liability
11.1 - Our total liability in contract, tort (including negligence or breach
of statutory duty), misrepresentation, restitution or otherwise,
arising in connection with the performance or contemplated
performance of this agreement shall be limited to the price paid
for the products.
11.2 - Nothing in these terms and conditions limits or
excludes the our liability for death or personal injury caused
by our negligence or fraudulent misrepresentation, or any other
liability which may not otherwise be limited or excluded under
applicable law.
11.3 - Along side clause 2.1, we shall not be liable to
the buyer for any indirect or consequential losses or costs
whatsoever, however caused which arise out of or in connection
with this agreement.
12. Intellectual Property
12.1 - Copyright
material appears on this website which is our property or the
property of our content and technology providers or their
respective owners. We do not give permission for you to
re-publish, alter, transmit or otherwise copy any material on
this website, but you may download information form this website
for your personal use. No copying, re-distribution, publication
or commercial exploitation will be permitted without our
permission and that of the copyright owner.
12.2 - The trade mark "The Furniture Market ™ " and
"interior solutions at unbeatable prices" and any other designs
and logos are the property of their respective owners.
13. Law of Contract
13.1 - This contract shall be governed by the law of England and Wales and
any dispute, question or remedy howsoever arising determined
exclusively by the Court of England and Wales.
If you have any questions
regarding any aspect of our terms and conditions please
email us
If you do not agree with our
terms and conditions, please call us to discuss before any
orders are placed, by placing an order with us you are
agreeing to our terms and conditions.
